ALBANY – Police will ask the woman who says she was assaulted by a top Assembly aide if she wants to file a rape charge against him, it was revealed yesterday.

Police Chief Jack Nielsen told The Post he was taking the action in the wake of the “public statements made by her lawyer about having been raped” by J. Michael Boxley, chief counsel to Assembly Speaker Sheldon Silver (D-Manhattan).

Nielsen said he was sending the same detective who interviewed the woman – a 24-year-old senior aide to a Republican assemblyman – about a week after the alleged Jan. 29 attack if she wants to press criminal charges.

“We are going to find out whether or not this person wants to make a complaint,” said Nielsen. “She was very cryptic when she first came to us for whatever reason, whether she was emotionally distraught or whatever.

“She may look at things differently now that the entire thing has been opened to the world and because she has made, through an attorney, public statements about being raped.”

A lawyer representing the woman, Martin Rutberg of Poughkeepsie, described the case on Wednesday as “about the violation of a woman by a rapist.” In light of that statement, Nielsen said he concluded “there’s reason to believe that whatever occurred, she may now have changed her mind about reporting it.”

A new lawyer representing the aide, Kenneth Stenger of Wappingers Falls, said he had “no comment” on Nielsen’s decision.

The aide contends – as first disclosed by The Post on Wednesday – she was “sexually assaulted” just over two weeks ago by Boxley after he offered her a ride to her hotel room, but took her instead to his apartment.

Boxley, through his lawyer, has insisted no assault or rape took place, although he does say he socialized with the woman.

Boxley has refused to be interviewed.

The Assembly aide, who has requested anonymity, filed a formal sexual harassment complaint against Boxley last week with the Assembly.

When she was interviewed by Albany police last week, she refused to provide her full name, the name of her alleged attacker, and also refused to file a criminal complaint, police said.

She told The Post she didn’t file a criminal charge because “I don’t want a long, drawn-out probe.”